Chapter 01. Required Notice of Housing Counseling Programs and Services
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Borrower” has the meaning stated in Financial Institutions Article, §11–501, Annotated Code of Maryland.
(2)
“Department” means the Department of Housing and Community Development, a principal department of the State.
(3)
“Homebuyer education or housing counseling” means instruction on preparing for home ownership, shopping for a home, obtaining a mortgage, loan closing, and life as a homeowner.
(4)
“Initial application” means when:
(a)
An applicant requests that a mortgage loan be made or obtained on the applicant's behalf; and
(b)
The person to whom the request was made agrees to begin processing the loan application.
(5)
“Lender” has the meaning stated in Commercial Law Article, §12–1301, Annotated Code of Maryland.
(6)
“Mortgage loan” has the meaning stated in Financial Institutions Article, §11–501, Annotated Code of Maryland.
(7)
“Owner-occupied residential real property” means real property that is a one- to four-family home occupied or to be occupied by the borrower as the borrower's primary residence.
(8)
“Secondary mortgage loan” has the meaning stated in Commercial Law Article, §12-1301, Annotated Code of Maryland.
Regulation .02 Application.LinkCopy Citation
A.
This chapter applies to any lender that makes a mortgage loan secured by owner–occupied residential real property located in the State.
B.
This chapter does not apply to:
(1)
Any mortgage loan in which the initial application was completed prior to January 1, 2011;
(2)
A secondary mortgage loan;
(3)
An open–end or revolving home equity line of credit;
(4)
A construction loan;
(5)
An individual who takes back a deferred purchase money mortgage in connection with the sale of residential real property owned by, and titled in the name of, the individual; or
(6)
An individual who makes a mortgage loan to a borrower who is the individual’s spouse, child, child’s spouse, parent, sibling, grandparent, grandchild, or grandchild’s spouse.
Regulation .03 Notice of Housing Counseling Programs and Services.LinkCopy Citation
A.
Form. Unless the lender is otherwise required by federal or State law to refer a borrower to housing counseling, a lender shall provide a notice of homebuyer education or housing counseling in substantially the following form to a borrower to comply with the requirements set forth in Commercial Law Article, §12-1303, Annotated Code of Maryland:
Regulation .04 Timing of Notice.LinkCopy Citation
A.
The notice required under Regulation .03 of this chapter shall be provided to a borrower within 10 business days after initial application.
B.
A lender may require borrower to complete a written application before agreeing to begin processing the loan, if that requirement is explained to the applicant.
C.
A lender may not close on a mortgage loan unless the lender has provided the notice required under §A of this regulation.
Regulation .05 Maintaining and Providing Information.LinkCopy Citation
The Department shall:
A.
Maintain information about nonprofit homebuyer education and housing counseling programs and services provided by nonprofit and government organizations certified by the U.S. Department of Housing and Urban Development that are available to residents of the State;
B.
Assemble the information into a form that can be used as the required attachment under Regulation .03A(2) of this chapter; and
C.
Provide the form to lenders and the general public at:
(1)
The Department’s website addresses:
(2)
The Department of Housing and Community Development, 100 Community Place, Crownsville, Maryland 20736; and
(3)
The Maryland Department of Labor’s website address, http://www.dllr.state.md.us/finance/.
Chapter annotations
Authority: Commercial Law Article, §12-1303, Annotated Code of Maryland
History: Effective date: January 1, 2011 (37:20 Md. R. 1392)